Part II Trial and punishment of offences
Proceedings of courts-martial
F263 Special finding of insane at time of trial or offence. C1
1
Where, on the trial of any person by court-martial, it appears to the court—
a
that the accused is . . . F3 unfit to stand his trial; or
b
that the accused did the act or made the omission charged, but was insane at the time when the act was done or the omission made so as not to be responsible according to law for his actions.
the court shall so find, and shall order him to be kept in custody until effect is given to the directions of F4the Defence Council. F5For purposes of this subsection “unfit to stand his trial” means under any disability such as apart from the M1Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in England or Wales.
2
In the case of any such finding, F4the Defence Council may give orders for the safe custody of the accused during Her Majesty’s pleasure in such place and manner as they think fit.
F63
Where on the trial of a person by court martial the question arises (at the instance of the defence or otherwise) whether the accused is unfit to stand his trial, the following provisions shall have effect:—
a
the court, if having regard to the nature of the supposed disability the court is of opinion that it is expedient to do so and in the interests of the accused, may postpone consideration of the question until any time up to the opening of the case for the defence, and if before the question falls to be determined the court finds the accused not guilty of the charge or each of the charges on which he is being tried, the question shall not be determined;
b
subject to paragraph (a) above, the question shall be determined as soon as it arises;
c
where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed.